Leading the Public Service to Higher Productivity DPSA: Ethics and Integrity Management

Leading the Public Service to Higher Productivity

DPSA: Ethics and Integrity Management


Scope•Introduction•DPSA Overview (past and present)•Public Service Integrity Management

Framework (PSIMF)•DPSA: Implementation of the PSIMF

▫Guides▫Regulations▫Determination on Other Remunerative

Work▫PAM Bill


Introduction

Movement towards Ethics/Integrity Management

• International: Corruption proliferates under conditions where ethics infrastructure is weak and ineffective. There is a need to go beyond legal compliance, and mere prevention of Fraud, Corruption and Misconduct (OECD)

• SA: National Development Plan, National School of Government


DPSA: Overview

•Past:▫Public Service Regulations▫Minimum Anti-Corruption Capacity (MACC)

Requirements – Introducing the concept “Ethics Champion”

▫Public Service Anti-Corruption Strategy (2002)•Present:

▫PSIMF▫Public Administration Management Bill


PSIMF

Approved 9 October 2013

Reason:•Non-compliance with current prescripts•Weak implementation•Gaps in legal prescripts


PSIMF

The framework addresses the following areas:

•Establishing of ethics infrastructure•Disclosure of financial interests by

employees•Acceptance of gifts, hospitality and other

benefits•Performance of other remunerative work


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PSIMF: Ethics Infrastructure

Ethics officer(s)•Implementation

•Secretariat to ethics committee

Ethics committee

Strategic direction & oversight

Head of Department (Leadership & final accountability)

Ethics Custodian

Executive Committee(Leadership and Support)

Ethics champion•Owner and driver•Chair of ethics committee



•Ethics Champion: At executive level, will drive ethics and anti-corruption initiatives.

•Ethics Committee: To determine a department’s ethics strategy, and to provide oversight of integrity management.

•Ethics Office: Dedicated structure, responsible for day-to-day-work related to the ethics management programme.



•Ethics Officer: Will be responsible for:▫Promotion of ethics and integrity in

departments; ▫Advise employees on ethical matters; ▫Aligning integrity of organisational policies,

procedures and practices to good governance and ethics principles;

▫Identification and reporting of unethical behaviour and corrupt activities to the head of department;


PSIMF: Ethics Infrastructure▫Managing conflicts of interest, including:

Financial disclosures of employees; Application for external remunerative work;

and Departmental gift registers.

▫Developing and implementing awareness programmes; and

▫Keeping a register of all employees under investigation and those disciplined for unethical conduct.


PSIMF: Disclosure of Financial Interests of Employees• Disclosure of financial interests shall be

extended to all employees in the Public Service;• An employee whose spouse, partner, business

associate or close family member stands to acquire any direct benefit from a contract concluded with their department, shall disclose in writing the benefit to the Ethics Officer and withdraw from participating in the process relating to that contract;


PSIMF: Acceptance of Gifts, Hospitality and Other Benefits• Employees shall be prohibited from directly or

indirectly soliciting or accepting gifts, hospitality or private benefits of any value from any person (natural or juristic) that is contracted to the employees’ department;

• A service provider, when rendering a service to departments, shall be prohibited from offering gifts to employees or their immediate families and relatives;


PSIMF: Acceptance of Gifts, Hospitality and Other Benefits•Employees shall be prohibited from

accepting or soliciting any gifts from any person in return for performing or not performing his or her official duties; and

•Prohibitions of gifts exclude tokens that may be offered or accepted within normal standards of courtesy or protocol by any entity.


PSIMF: Remunerative Work Outside the Public Service• In considering an application the Executive

Authority shall assess whether the outside work could reasonably interfere with or impede the effective and efficient performance of the employee’s functions and take into account:▫ The nature and extent of work to be undertaken;▫ The time required for the outside work; and▫ The employee’s performance record

• Approval to be granted subject to:-▫ entity not conducting business with the State▫ Regular review


PSIMF: Disclosure of Financial Interests of Employees•An electronic submission of financial

disclosures shall be implemented.•The official roll-out of the electronic

system for SMS members in the public service started in April 2014.

•The disclosure form has been amended to include a new category of registrable interests: ownership of vehicles and their values.


Implementation of the eDisclosure system by SMS members

Number of SMS Registered % Disclosed %

National Departments 4948 3967 80% 3311 67%

National Entities 695 597 86% 434 62%

Eastern Cape 734 531 72% 429 59%

Free State 360 102 28% 71 20%

Gauteng 774 496 64% 405 52%

KZN 598 357 60% 289 48%

Limpopo 554 521 94% 474 86%

Mpumalanga 331 207 63% 168 51%

Northern Cape 259 259 100% 259 100%

North West 332 297 89% 257 77%

Western Cape 376 376 100% 376 100%

TOTAL 9961 7710 77% 6473 65%


Registration of ethics officers and executive authorities

No. of deptsNo. of depts which designated EOs

No of depts which registered EAs

National departments 34 30 24

National entities 9 8 6

Eastern Cape 13 7 0

Free State 12 4 3

Gauteng 13 8 8

KZN 14 9 8

Limpopo 12 12 8

Mpumalanga 12 5 2

Northern Cape 12 12 12

North West 12 10 9

Western Cape 13 13 13

TOTAL 156 118 93


PSIMF: Implementation

•Guides were drafted on:▫Ethics management (to explain the ethics

infrastructure )▫Gifts and other benefits▫Other remunerative work

•Amendments to Public Service Regulations, Chapters 2 and 3

•Determination on Other Remunerative Work


PSIMF: Implementation

•Public Administration Management Bill▫Gifts▫Other remunerative work – No business

with the State (Chapter 3)▫Electronic Financial Disclosures. All to

submit and all submissions to be verified (Chapter 3)

▫Ethics, Integrity, Disciplinary Technical Assistance Unit (EIDTAU) – Chapter 6


•THANK YOU

Documents

Leading the Public Service to Higher Productivity DPSA: Ethics and Integrity Management